Kapoor and Kapoor

This matter concerned the finalisation of property division orders following a judgment delivered by Finn J. The primary dispute revolved around the matrimonial home and the wife's superannuation interest.

The legal issues before the court were how to give effect to the judge's reasons for judgment, particularly concerning the matrimonial home, and how to finalise the division of the parties' assets, including the wife's superannuation. The judge had provided a specific process for the wife to indicate her intention regarding the matrimonial home and for the subsequent drafting and making of orders.

Finn J initially deferred making orders, giving the wife seven days to decide whether she wished to retain the matrimonial home by paying the husband $275,000. If she elected to do so, the court would make orders allowing her time to pay and providing for a sale if she could not secure sufficient funds. If she did not elect to retain the home, the husband's solicitor was to draft orders reflecting the judgment, which might include specific provisions regarding the sale of the property, such as specifying a selling agent or a minimum sale price. The wife would then have a further seven days to make submissions on the draft orders.

On 25 July 2007, Finn J made orders in chambers that essentially provided for the sale of the matrimonial home with the net proceeds to be divided equally between the parties. The orders also stipulated a division of the wife's superannuation interest, with a base amount of $145,000 allocated to the husband's share, and a division of furniture and household effects based on lists to be prepared by the wife.